The authors of the article consider legal
organizational and tactical issues of operational
investigative activities in the course of search. The
authors compare some items and norms of Russian
Constitution, Criminal Law, Criminal Procedure
Law, Federal Laws governing the operational-search
activity, in particular search activity, some sources of
information, such as confidential. In particular, the
authors examine the legal basis of the internal affairs
agencies in the fight against crime as a science-based
system of legal norms contained in the laws and bylaws
that create the legal preconditions, as well as
the conditions and procedure for carrying out
operative search actions, either directly regulating
the legal organizational and tactical questions of
application of operational investigative forces,
means, methods and forms in the fight against crime.
Thus, the authors believe that the search activities of
the units engaged in operational investigative
activities of the police, as an organizational and
tactical form (or part of) the operational-search
activity of law enforcement bodies as a whole, it has
a single legal framework that operational search
activity in general
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
In this article, the concept of ground servitude, bases and order of its occurrence and termination is characterized
This article focuses on the economic activities of legal
entities as subjects of administrative responsibility.
The article considers the peculiarities of this type of
liability applicable to legal persons. The purpose of
this article is to study the legislative framework of this
institution, identifying the distinguishing features of
this type of liability. Despite an adequate regulation of
the legal status of the entity in various legal acts, there
are many debatable issues. This topic is relevant,
because now there is freedom of economic activity and
the institution of administrative responsibility
appeared relatively recently in our legislation. All this
creates an increasing number of offenses by
organizations whose actions impinge on the public
relations protected by the norms of administrative law.
The most debatable issue is the mental element of the
offence which guilt. We found that identifying guilt of
a legal entity with the guilt of individuals does not
seem appropriate. Guilt of a legal entity is of the
greatest interest. There are several theories concerning
this element subjective side. This article describes the
main provisions of the theories expressed by many
scientists in the field of administrative law. All the
above demonstrates the need for studies of this type of
legal responsibility and improving of the Institute of
administrative law
Criminal case proceedings involve certain procedural activities and making specific decisions based on the results of these activities. According to the Criminal Procedure Code of the Russian Federation, procedural decision is defined as the decision made by a court, a public prosecutor, an investigator in the terms provided in the Code. However, there are some contradictions within the norms of the Code, which influence fair decision-making. These problems and some other issues are considered by the author in the article
Legal consolidation of the corporate agreement institution
in the Civil Code of the Russian Federation allowed the
participants of business companies to implement and
manage corporate rights in accordance with this
agreement. However, reception of the institution and the
lack of uniform court practice gave rise to many doctrinal
disputes about the legal nature of the contract. The article
presents the opinions of scientists on the issue of what
rules of areas of law regulate the corporate agreement,
whether it is separate or complex legal institution. The
authors consider that the corporate agreement is governed
exclusively by the rules of civil law. The corporate
agreement is not a contract or an obligation in the
traditional sense, however, it should be subjected to the
general rules of obligations and contract law The
corporate agreement has features of the unnamed
contract, but despite this, it should be recognized as an
independent civil law named contract. It is needed to
ensure that, in addition to the general rules of the
Obligations and Contracts, the rules of a treaty on the
rights of participants of the limited liability and
stockholders' agreement are applied to the corporate
agreement
The article deals with the analysis of the role and place
of court practice in the system of civil-law sources.
The author introduces a debatable matter of the
possibility to acknowledge the Russian law as case
law; analyses significance of the judicial practice in
the system of sources of the Russian law; outlines
positions of experts on this matter and draws her own
conclusions. The article provides a review of opinions
of Russian law academics' and practitioners' on the
topic of acknowledgement of judicial practice as a
source of Russian law. The author debates and further
concludes that assigning courts with the law-making
function would benefit the efficiency of current
legislation refinement. The author draws a conclusion
that in the continental legal family court practice,
which earlier wasn't considered a civil-law source,
started gradually to turn into a secondary after civil
legislation law source. The reason for it is because of
more complicated social relations civil legislation
failed to cope efficiently with the detailed legal
regulation which is needed in property relations
reglamentation. The author reveals the difference
between the notions of "court practice" and "judicial
precedent" and concludes that vesting courts with law
making power can facilitate the improvement of the
legislation in force, as well as the development of the
civil law regulation. The final conclusion is that the
litigation irrespective of the form of expression cannot
be the independent source of law
The article is devoted to the problems of legal
regulation of electronic voting an e-democracy in
foreign countries. The possibility of informationalcommunication
technologies introduction into the
voting process is studied. In the absence of a unified
approach to the understanding of the legal nature of edemocratic
processes, the authors give the special
attention to the analysis of state policy in the sphere of
the e-democracy improvement. There were considered
the systems of electronic voting system which were
used in elections in Estonia, Germany, Austria, UK,
Switzerland and Finland. There were analyzed the
practice of Internet-voting as a prototype of electronic
democracy and problems of identification of voters,
calculation of votes, ensuring of secrecy of the ballot.
There were marked means the use of electronic voting
as positive sides and considerable risks connected with
the possibility of interference into the system of
electors’ votes and complexity of securing of control
of procedure of electronic voting. Authors make
conclusions on possibility of the use of positive
foreign experience of distant voting during the
elections in Russia and on the necessity of working out
of legal claims to informational space and given
information to increase its quality and credibility
This article discusses the concept of "sanctions" in
constitutional and international law, as it is
controversial and debatable. The media and prominent
politicians now often use the term "sanctions", it is
connected to the Crimea to Russia, and a mixed
assessment of the event foreign countries (countries of
the European Union, Japan, Switzerland) and
international organizations (the Council of Europe,
NATO). The author explores different perspectives
reveals several scientific approaches to the concept of
"authorization". Theoretical aspects of the work were
discussed in close connection with the practice,
namely, analysis of the process of joining of Crimea
to Russia from the point of view of international law
and Russian legislation in this regard, the validity of
the application of sanctions against the Russian
Federation. We were also paying attention to types of
sanctions. The article analyzes the comprehensive and
targeted sanctions, their distinctive features and the
need to use the "mirror" of sanctions for the Russian
Federation. Particular attention is paid to the legal
regulation of sanctions in international and Russian
law. It is noted that in the Russian Federation,
legislative regulation of the sanctions received only in
the economic sphere. The author highlights some
trends in the development of existing legislation in the
field of sanctions
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute, as the legislation accurately did not divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed